Procedure for Transferring Red Book Title

In civil transactions concerning land, citizens often encounter questions related to the procedures for transferring the red book. Below are important points to note when carrying out the procedures for transferring the red book.

Land Use Rights Certificate Translation Guidelines

Initial Requirements

The Red Book, also known as the Certificate of Land Use Rights and Homeownership, is essential for real estate transactions. To transfer the Red Book, the seller must have a legal Certificate of Land Use Rights and Homeownership; the land and house must be free of disputes and not subject to state planning; and the transfer, donation, or inheritance agreement must be legally signed. Once these conditions are met, the parties should go to the District-Level People's Committee where the property is located to perform the Red Book transfer procedures.

Step-by-Step Process

Step One:The parties must visit the notary office to draft and notarize the transfer, inheritance, or donation agreement for the house and land.

Step Two:Within 10 days from the date the contract is signed, the parties must declare registration fees and personal income tax. The declaration dossier includes the following documents:

- 2 copies of the registration fee declaration form signed by the buyer.- 2 copies of the personal income tax declaration form signed by the seller (4 copies are required in the case of a donation).- The original notarized house and land transfer, inheritance, or donation agreement.- 1 notarized copy of the Certificate of Land Use Rights (Red Book) and Homeownership, and properties attached to the land.- 1 notarized copy of the ID card and household registration book of both the buyer and the seller.- For donations or inheritances, additional documents proving the kinship relationship between the giver and the recipient are required to be exempt from personal income tax.

Within 10 days from the date of the tax payment notification, the taxpayer must pay the taxes to the state budget and the registration fees. The specific payment rates are as follows:

- Personal income tax is 2% of the sale price.- The registration fee is 0.5%. For cases eligible for donation, inheritance of land and houses, if there are documents proving according to legal regulations, they will be exempted.

Step Three:After paying taxes and fees, the parties proceed with the dossier declaration for the name transfer. The required dossier includes:

- Application for registration of changes (signed by the seller). If the agreement stipulates that the buyer handles administrative procedures, the buyer can sign on behalf of the seller.- Transfer, donation, or agreement on the distribution of inheritance; declaration of inheritance document.- The original Certificate of Land Use Rights (Red Book), Homeownership, and properties attached to the land.- The original receipt of payment into the state budget.- Copies of the ID card and household registration book of the transferee, heir, or recipient.

Final Step:Payment of the full fees as prescribed. The transfer fee for the Red Book includes a cadastral fee of VND 15,000 per case; the appraisal fee calculated at 0.15% of the transfer value (minimum VND 100,000 and maximum not exceeding VND 5,000,000 per case). Upon full payment, the Red Book will be issued to the new owner.

For detailed procedures, refer to the Land Law 2013 and Decree 43/2014/ND-CP.

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